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(영문) 서울남부지방법원 2016.05.10 2016고단1008
사문서위조등
Text

A defendant shall be punished by imprisonment with labor for six months: Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 22:55 on December 11, 2015, the Defendant driven Bsch Rexton vehicles under the influence of alcohol concentration of about 0.051% from the 3rd direction of subway No. 5 subway No. 45 in Gangseo-gu Seoul Metropolitan Government to the 142nd way as Seoul National Assembly.

2. The Defendant violated the Resident Registration Act, taking advantage of the fact that ordinary C’s resident registration number is going out and used by the Defendant, at the same time and at the same place as paragraph (1), discovered a slope D belonging to the traffic safety department at the Seoul Yangcheon Police Station, Seoul. In order to escape from the criminal disposition of a fine (50 million won) by fraud and drinking driving, the Defendant provided C’s name and resident registration number to the said police officer and used it unlawfully.

3. The Defendant, at the same time and place as Paragraph 2, measured drinking at a sloped D’s request. The Defendant signed C on a portable information terminal (PDA) that was requested by the aforementioned D to make an electronic signature in the notification of the result of the crackdown on the driving of drinking, and issued it to the said D who knew of the forgery as if the signature was genuine, and sent it to the pertinent system.

Accordingly, for the purpose of exercising authority, the Defendant forged and exercised C’s signature without authority.

4. The Defendant, at the time and place specified in paragraph 3, shall transmit the driver’s opinion on the driver’s circumstantial statement in the carnetial statement document forgery and the use of the above investigation document (the driver’s circumstantial statement).

“C” written in the name column, and written C’s signature next to the name, and then delivered the forged document to the above D as if it were a document duly formed.

Accordingly, for the purpose of exercising authority, the defendant is a driver of the state in C, who is a private document about fact certification.

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